Sick Leave During the First Month of Employment
According to the German Act on Continued Payment of Remuneration (Entgeltfortzahlungsgesetz – EFZG), § 3 para. 3, employees are only entitled to full continuation of pay in the event of illness if their employment relationship has existed for at least 4 consecutive weeks.
During the first month (first 4 weeks) of a new job, the statutory mechanism of continued payment of wages (Entgeltfortzahlung) does not yet apply. This means: you may be on sick leave, but your sick leave is generally unpaid by the employer during this initial period.
Notify your employer immediately:
Inform your employer as soon as you become aware of your illness – orally or in writing – stating the start date of your absence and the expected duration if possible.
Obtain a medical certificate:
If your absence lasts more than 3 working days, you must usually submit a medical certificate (Attest/Arbeitsunfähigkeitsbescheinigung) no later than on the fourth working day.
Your employer can require you to submit a certificate from the first day of illness if this is stipulated in your employment contract or company rules, or if there is a justified doubt.
If your illness continues beyond the first 4 weeks of employment, you become entitled to continued payment of wages for the remaining days within the first 6 weeks of the same illness.
Example:
You fall ill on your very first working day and remain unable to work until the end of the 6th week.
For the period within the first 4 weeks, you are not entitled to continued payment of wages by the employer.
From the 5th week until the end of the 6th week, the employer pays your salary in accordance with the rules on Entgeltfortzahlung.
Sickness benefit (Krankengeld) from the health insurance fund:
After the maximum period of 6 weeks of continued payment (provided you are eligible once you have completed 4 weeks of service), the responsibility for income replacement generally shifts to your statutory health insurance fund (Krankenkasse). The fund pays Krankengeld (sickness benefit), usually around 70–90% of your previous earnings (up to a statutory cap), for up to 78 weeks within a 3-year period for the same illness, as long as you remain unable to work.
Check your employment contract:
Some employers or collective agreements offer more favourable conditions, such as a shorter waiting period or payment during illness even within the first 4 weeks.
Keep records:
Store all medical certificates and documentation of your communication with your employer (emails, letters, written confirmations).
Contact your Krankenkasse early:
Once you reach the 4-week mark, speak to your health insurance fund to clarify your entitlements in case your illness continues.
Communicate transparently with your employer:
Inform your employer promptly if your sick leave is extended and ensure that all certificates are submitted on time to avoid misunderstandings.
Conclusion:
You can indeed take sick leave during your first month in a new job, but you will usually not receive pay from your employer for this period until you have completed four consecutive weeks of service. After that, the rules on Entgeltfortzahlung apply, and you are entitled to continued payment of wages for the remaining days within the first six weeks of your illness.
The editorial and writing team of this website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or certain details may not yet be fully confirmed. Please treat the information in these articles as an initial guide and always consult the competent authorities or professionals for binding and up-to-date advice.
